The Supreme Court will decide momentarily whether to review two more “musty washing machine” class actions. “The legal rules at play in the washing machine cases will have impact on a much broader array of businesses, which is why industry and technology groups have flooded the Supreme Court with briefs expressing their concern.” In particular, if the courts develop a liberal standard for “predominance,” it will often be feasible for lawyers to assemble class actions that include consumers who are not bothered by an alleged defect, as well as those that are. [James Copland, Washington Examiner] Earlier here and here.
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